DNREC v. Food & Water WatchAnnotate this Case
Appellant Delaware Department of Natural Resources and Environmental Control (“DNREC”), challenged the Superior Court’s holding that Appellee Food & Water Watch (“Watch”), had organizational standing to contest Order No. 2016-W-0008 (the “Secretary’s Order”), which established a system to regulate pollutants from Concentrated Animal Feeding Operations (“Feeding Operations”). Specifically, DNREC argued Watch did not have organizational standing to challenge the Secretary’s Order because its representatives could not adequately establish injury in fact, causation, and redressability. Watch responded that this action was moot: since DNREC ultimately won on the merits and neither party appealed the merits decision, the issue of standing was no longer justiciable because the action was not adversarial. Further, even if this action was not moot, Watch argued that it had standing. Having reviewed the briefs, the supplemental memoranda, and the record on appeal, the Delaware Supreme Court dismissed this appeal for lack of standing to appeal. DNREC was the prevailing party below; the Superior Court granted DNREC all of the relief it requested; and the Superior Court’s standing decision did not meet the criteria for a collateral adverse ruling. Accordingly, the standing decision did not render DNREC an aggrieved party, and DNREC does not have standing to appeal.